(A)   Required in commercial zoning districts as follows.
      (1)   Site plans shall be required as part of the application process for any of the following in commercial zoning districts:
         (a)   New structures;
         (b)   Expansions to existing structures;
         (c)   Any new use not contained within an existing building except temporary or seasonal uses unless the Zoning Administrator can otherwise determine compliance with parking or screening requirements;
         (d)   Any change in impervious surface area on lots located within a watershed overlay district; and
         (e)   Any significant change in required landscaping or buffer areas.
      (2)   Use or development of property qualifying for a minor site plan or plan of development and for which a like plan has been approved in accordance with the provisions of this section are exempt from standard site plan requirements.
   (B)   Site plan and plan of development review.
      (1)   Site plans for by-right commercial development shall be reviewed and approved administratively in accordance with the standards contained in this chapter.
      (2)    Site plans for all projects that are subject to rezonings, subdivision actions, and special use permit review shall be considered in draft by the Planning Board and Town Council as part of the review process and approved administratively in final provided that they are in substantial conformance with the draft site plan submitted, revised and approved during the review and approval process.
      (3)   Plans of development may be reviewed and approved administratively provided they are in substantial conformance to any previously approved site plan or special use permit review plat.
   (C)   Required information.
      (1)   The Zoning Administrator, during pre-application discussions with the applicant, shall determine information required for the submittal of a plan of development.
      (2)   Minor site plans shall include only those types of information required for a site plan that the reviewing agent deems necessary to review the request.
      (3)   Site plans should be prepared at a scale no smaller than 1 inch equals 30 feet and shall be submitted as 24 by 36-inch prints, unless a modified format is approved by the Zoning Administrator.
      (4)   All site plans shall contain the following information, except that the information provided for minor changes to existing site plans may be limited to the locations on the site where new site construction is proposed, if the Zoning Administrator determines that the limitation allows proper review of the plan:
         (a)   Location of tract by an inset map at a scale of not less than 1 inch equals 2,000 feet, indicating scaled coordinates and state grid references and additional information as the names and numbers of adjoining roads, streams and bodies of water, subdivisions and districts or other landmarks sufficient to clearly identify the location of the property;
         (b)   Name and address of the owner or developer and contract purchaser (if any), north arrow, scale of the drawing and date of preparation and revisions with the name, address and phone number of the preparer;
         (c)   Boundary of the entire tract by courses and distances with reference to true meridian or state grid system and area of the tract;
         (d)   All horizontal dimensions shown on the site plan shall be in feet and decimal fractions of a foot to the closest 1/100 of a foot, and all bearings in degrees, minutes and seconds to the nearest 10 seconds;
         (e)   Certificate signed by the preparer of the plan setting forth the source of title of the owner of the tract and the place of record of the last instrument in the chain of title;
         (f)   Certified topographic map of the parcel at a minimum 2-foot contour interval, showing existing contours and delineating the CAMA areas of environmental concern and the 100-year floodplain elevation, if applicable;
         (g)   U.S.G.S. datum used for all elevations with location and elevation of benchmark shown;
         (h)   Locations and dimensions of existing or proposed:
            1.   Structures on the site showing distance to lot lines and centerlines of adjacent streets;
            2.   Streets and easements on and adjacent to the site with rights-of-way and pavement widths;
            3.   Driveways and curb cuts on the site and adjacent properties;
            4.   Parking and loading areas; all off-street parking, related driveways, loading spaces and walkways, indicating type of surfacing, size, angle of stalls, width of aisles and location, height and intensity of proposed lighting;
            5.   Sidewalks, trails and open space;
            6.   Median strip openings and their relationship to the site;
            7.   Water and septic tank systems and wells (including dimensions of each);
            8.   Underground electric, telephone and television cables, both on-site and in adjacent rights-of-way;
            9.   Street and site lighting, indicating all fixture styles and heights, types of luminaire, location of fixtures, and illumination levels and uniformity values; and
            10.   Freestanding signs, including dimensions.
         (i)   Proposed elevations at control points such as driveways, ramps and any other locations determined by the agent to be necessary for the adequate evaluation of the plan;
         (j)   The proposed location and general use of each building, including outside display areas;
          (k)   Sufficient information to show how the physical improvements associated with the proposed development such as walkways, driving lanes, and curb and gutter interrelate with existing or proposed development of record on adjacent properties;
         (l)   A landscaping plan showing the location, number, type and size of all proposed plant material at the times of planting and ten-year maturity. The landscaping plan shall also depict all trees larger than 8 inches in caliper when measured 6 inches above grade;
         (m)   Location, type, materials, size and height of fencing, retaining walls and other screening including an elevation drawing;
         (n)   Vertical cross-sectional view showing:
            1.   Height of existing or proposed structures;
            2.   Number of stories;
            3.   Location and access to underground parking, if applicable; and
            4.   Proposed grades of each floor, including basements.
         (o)   Natural, historic, and open space features including tree cover, ponds, fragile environmental areas, open space and recreational areas;
         (p)   Additional information deemed essential by the agent to permit adequate review of the plan;
         (q)   The following data in tabular form:
            1.   PIN and parcel number(s) assigned by Dare County tax records, subdivision and lot number(s) as appropriate, and street address(es) of the property;
            2.   Zoning classification of the subject property and all immediately adjacent properties;
            3.   Area of parcel in square feet;
            4.   Gross floor area and the area of the above-grade horizontal surface of any parking structure;
            5.   Lot coverage, broken down into individual components;
            6.   Number and type of dwelling units;
            7.   Number of parking and loading spaces required and installed;
            8.    Special use permits granted by the Town Council, or variances granted by the Board of Zoning Adjustment; and
            9.   Landscaped open space, if applicable.
         (r)   Provisions for erosion and sediment control and the disposition of natural and storm water including the proposed location, sizes, types and grades of ditches, catchbasins and pipes and connections to existing drainage systems, storm water structures and conveyances, including all engineered storm water control measures, along with any proposed water quality enhancement facilities;
         (s)   Provisions for parking for the disabled, if applicable;
         (t)   Locations of all entrances and exits to and from all buildings on the site;
         (u)   Locations of all roof drains;
         (v)   Phasing plan for projects anticipated to request phased occupancy; and
         (w)   Utility easements (including water, electric, power, storm water, telephone, cable).
   (D)   Minor site plan. A minor site plan may be submitted for any of the following:
      (1)   New or expanded paved areas and associated curb and gutter to support parking, loading, trash or recycling enclosures, or similar facilities, provided that the area of the expansion is less than 25% or 2,000 square feet (whichever is less) of the existing paved area;
      (2)   Minor expansion of a building or buildings, not to exceed the lesser of 10% of the floor area or 1,000 square feet beyond that which is shown on the original approved site plan or beyond that which is shown on a subsequent site plan for an expansion that was approved without utilizing these minor expansion provisions;
      (3)   Minor expansion of a building or buildings, not to exceed the lesser of 10% of the floor area or 1,000 square feet beyond that which was constructed prior to the adoption of these site plan requirements on December 1, 2004. It shall be the responsibility of the applicant to provide the information necessary to prove to the satisfaction of the Zoning Administrator that the building existed in the current configuration prior to December 1, 2004; and
      (4)   Items listed under plan of development (division (E) below) may also be included in a minor site plan submission.
   (E)   Plan of development. A plan of development may be submitted for any of the following:
      (1)   Restriping of an existing parking lot, including loading areas;
      (2)   Construction of trash enclosures and recycling enclosures, to include installation of concrete pads over existing pavement as necessary;
      (3)   Change in use of a multiple use property;
      (4)   Addition or modification of site lighting facilities;
      (5)   Modification of screening or landscaping materials or design;
      (6)   Installation of wheel stops and limited curb and gutter and landscape island; and
      (7)   Other changes to approved site plans or to projects that existed on December 1, 2004 that, subject to the determination of the Zoning Administrator, are similar to and carry no more impact than 1 or more of divisions (E)(1) through (6) above.
   (F)   The “as built” plan. The “as built” site plan may be a copy of the original approved site plan with an affidavit attached stating that all construction has been completed in compliance with the approved plan, or shall show all deviations from the approved plan with an affidavit attached stating that no deviations exist except those shown. The “as built” plan shall be certified by an engineer, architect or land surveyor to the limits of his or her license.
   (G)   Design and landscaping information required. Whenever a proposed project would be subject to 1 or more of the design standards, landscaping or fencing/wall requirements, architectural renderings sealed by an architect and site plans sealed by an engineer, landscape architect or surveyor that are prepared in sufficient detail at a sufficient scale to determine compliance with relevant sections of this subchapter shall be required as part of a complete application, except that the Zoning Administrator may exempt minor modifications that do not require the renderings or plans to demonstrate an intent to comply with the regulations.
   (H)   Sign detail required. Whenever a new sign or change in existing sign would require the issuance of a permit, detailed designs showing all relevant information required to determine compliance with the sign regulations outlined in § 156.130 shall be required as part of a complete application.
   (I)   Other requirements. In addition to information required in this section, other information or documents deemed relevant by the Zoning Administrator or review board shall be required, such as evidence of approval of sedimentation and erosion control plans, prior to issuance of a zoning permit. No building permit or occupancy permit shall be issued for a development requiring a site plan, minor site plan, or plan of development, until the plan has been approved.
   (J)   Validity of approved site plans. An approved site plan, minor site plan, or plan of development shall become null and void if no grading or construction has commenced on the site within 2 years after approval. The agent may grant a single 1-year extension upon written request of the applicant provided that the request is made at least 30 days prior to the expiration date of the approved site plan.
   (K)   Procedure.
      (1)   All site plans or minor site plans that are appropriately submitted and that are certified by the Zoning Administrator as conforming to the standards and requirements set forth in this chapter shall be reviewed for approval by the plan-approving agent designated by the Town Manager, hereinafter referred to as the agent.
      (2)   All plans of development that are appropriately submitted and that conform to the standards and requirements set forth in this chapter shall be approved by the Zoning Administrator.
      (3)   The property owner or his or her designee shall submit a site plan or minor site plan to the plan-approving agent or submit a plan of development to the Zoning Administrator, including a completed application and 12 prints of the plan.
      (4)   Site plans and minor site plans shall be prepared and certified by an engineer, architect, land surveyor or landscape architect duly authorized to practice by the State of North Carolina. No person shall prepare or certify any portion of a site plan that is outside the limits of his or her professional expertise and license.
      (5)   With the site plan, minor site plan, or plan of development, the applicant shall submit applicable fees consistent with the adopted fee schedule. The applicant shall also submit certified mail receipts from notices sent to the owners of each property abutting to or across the street from the subject property. The notices shall inform the owners that the plan has been submitted and will be considered for approval not less than 10 days after receipt of the notice for a site plan and not less than 5 days after receipt of notice for a minor site plan or plan of development. If the adjacent development is of condominium ownership, then notification sent to the condominium association shall be sufficient to satisfy this provision.
      (6)   Written comments pertaining to a site plan, minor site plan, or plan of development may be filed with the agent by any interested party within the period prescribed in the notice or at any time prior to approval of the site plan.
      (7)    The reviewing agent shall notify the applicant in writing of the action to approve or deny the site plan or minor site plan and shall forward a copy to the Zoning Administrator. The Zoning Administrator shall notify the applicant in writing of the action to approve or deny the plan of development. In the event that a plan is denied, the plan-approving agent or Zoning Administrator shall indicate the reasons for denial. The decision by the Zoning Administrator or plan-approving agent shall be made within 60 days and denial may be appealed to the Town Council within 30 days of the date of the written decision by application in accordance with the special use provisions of § 156.118 below.
(Ord. 04-21, passed 10-6-2004, § 42.2.8; Am. Ord. 17-04, passed 6-7-2017; Am. Ord. 21-01, passed 6-2-2021)